Ombudsman’s Foreword

The care and protection of young people, whether by the Department for Community Development or otherwise, is an important responsibility that is shared by the whole community. The Western Australian community is entitled to expect that the very best and most effective care and protection is provided for young people who are vulnerable and whose circumstances require the provision of assistance by the State.

This report deals with a small number of young people who are particularly vulnerable, since many of them enter the care of the Department when there is no-one else in their family or the wider community who wants to, or is able to, care for them. They are the group of young persons residing at a small number of metropolitan residential care facilities, or hostels, operated by the Department.

Some of these young persons have a range of complex behavioural and psychological problems that make it extremely difficult to find a place for them anywhere else. The issues involved in their care and protection are both significant and challenging.

The investigation which is the subject of this report arose out of a disclosure made under the Public Interest Disclosure Act 2003 to the Department. In my view, this report demonstrates the benefits that can potentially flow from a public interest disclosure being made.

The starting point for this investigation was the occurrence of a number of incidents in 2002 and 2003, the handling of which raised concerns about the administrative framework in the Department’s residential care facilities, for the protection of young persons. The scope of this investigation was subsequently widened to include incidents and information about departmental hostels current up until early 2006.

These hostels were intended to provide temporary care and programs for a small group of young persons. However, over time, some of the programs developed for the hostels were undermined by a lack of alternative placement options. Many of the young persons in the hostels have now been living there for a far longer period than was originally envisaged.

These factors have added considerably to the pressured nature of the hostels environment and the numerous difficulties already faced by young persons in residential care and the Departmental staff who care for them.

The report shows that there is a lack of data about the characteristics of young persons in residential care, and I have recommended that such data be kept to assist the design and review of appropriate programs. I have also made a number of practical recommendations about the prevention and reporting of maltreatment in hostels, including recommendations that provide for:

• better information to be given to young persons about how they raise concerns and complaints;
• development of guidelines to improve the complaints handling system in the hostels and provide for the placement of staff while allegations of maltreatment against them are being investigated;
• review of the administrative forms for the recording of critical incidents in the hostels, as well as of relevant practice manuals;
• a gender balance among staff working in the hostel environment;
• ongoing training of staff in the management of young persons, in de-escalation techniques and in the use of restraints, together with a review of performance management programs;
• improvement of record management processes;
• the extension of a 24-hour on-call professional response team to assist residential care facilities;
• compilation of data on the use of restraints and consideration of an independent review of critical incidents in the hostels; and
• research into the use of brief periods of confinement of young persons in a ‘time out’ room as an alternative to physical restraint.

In terms of dealing with child maltreatment allegations against staff, I make recommendations for the development of guidelines about the responsibilities of managers and case workers in assessing the conduct of residential care workers; the rationalisation of policies and procedures on the handling of child maltreatment allegations against staff; and the provision of practical guidelines to be provided for the investigators of such allegations.

Some of the matters raised by this investigation potentially have a much broader application, of relevance to the protection of all young persons in the care of the State. These matters go beyond the jurisdiction of the Department and have been put forward in volume 2 of my report for consideration at a whole-of-government level. The recommendations made will, I hope, ensure that agencies involved in the care and protection of children are better placed to manage young persons in care, and to deal with allegations of maltreatment against staff. In summary, these recommendations are that Government:

• review the powers available to departmental officers for managing young persons in care who engage in extremely high-risk behaviours, including whether a ‘secure welfare’ option is necessary, or whether there are other and better alternatives;
• establish a mechanism to provide for the monitoring and evaluation of relevant government and non-government agencies’ employee disciplinary processes where allegations of child maltreatment are involved;
• consider establishing an independent mechanism to monitor both Departmental and nongovernment residential care facilities; and
• consult with key stakeholders and relevant experts to develop an appropriate legislative, policy and administrative framework to allow for timely and effective management responses to allegations against staff in the area of child protection.

I am particularly pleased to acknowledge that the Department has responded positively to my recommendations, accepting all made about the Department’s functions, and expressing support for the four whole-of-government recommendations. The Department’s response to each recommendation is set out in the report and listed in Attachment 7.

I record my sincere appreciation to the Department, its senior executives and officers at all levels for their cooperation and assistance to my staff and me during the course of the investigation. I also wish to acknowledge and thank the children and young persons in residential care who had contact with my staff for their invaluable contribution to our investigation. 

My thanks also go to all of my staff who were involved in the investigation and the preparation of this report, and in particular to Principal Investigating Officer Darryl Goodman and Senior Investigating Officer Dr Jeannine Purdy.

Deirdre O'Donnell
OMBUDSMAN
30 August 2006